Washington, D.C.—In November 2022, a notification by the Food and Drug Administration (FDA) declared that beta-nicotinamide mononucleotide (NMN) is not a legal dietary ingredient. In response, the Natural Products Association (NPA), along with the Alliance for Natural Health (ANH), submitted a Citizen’s Petition to FDA. The organizations are requesting that FDA: 

  • Determine nicotinamide mononucleotide (NMN) is not excluded from the definition of a dietary supplement under 21 U.S.C. §321(ff)(3)(B);
  • Commit to exercising enforcement discretion in connection with the marketing and selling of NMN in or as a dietary supplement; or
  • In the alternative, recommend the Secretary of Health and Human Services (HHS) issue a regulation after notice comment, finding NMN would be lawful. 

“The agency’s reversal on NMN NDIs is without statutory authority,” said Daniel Fabricant, Ph.D., President and CEO of NPA, in a press release. “The secrecy behind the IND dates, the evidence of a GRAS notice predating any IND on NMN, and NMS’s presence in the food supply all could’ve been rectified. Just like the case with NAC, the citizen’s petition gives the industry a platform to move towards a resolution concerning the ability to market NMN in or as a dietary supplement. In the case of NAC, NPA’s Citizen’s Petition was the vehicle that made possible its return to commerce on all platformsNMN on Amazon.”

“System is Broken”

In 2021, NPA filed a Citizen’s Petition, and followed that up in 2022 with a lawsuit against the FDA on NAC. Now, with the NMN situation as further evidence, Dr. Fabricant said: “Issues surrounding NAC and NMN are glaring examples of the FDA fundamentally failing American consumers and industry. Today’s Citizen’s Petition on NMN positions NPA to have all options available needed to ensure NMN’s unwarranted regulatory uncertainty is rectified.”

Gretchen DuBeau, Executive and Legal Director of the Alliance for Natural Health USA, added, “Our system is broken. The FDA is allowing pharmaceutical companies to ransack nature by monopolizing nutrients that can and should be dietary supplements. NMN is found in foods like broccoli, avocado, and cucumbers. This life-extending substance should be widely available, but the FDA is creating a situation in which only those who can afford to pay exorbitant drug prices will be able to enjoy NMN’s many benefits.” 

NMN on Amazon

As WholeFoods Magazine previously reported, Amazon’s Restricted Products Team emailed sellers in February that products containing NMN would be banned after March 13, 2023. In response, NPA called on e-commerce retailers to continue selling products containing NMN. NPA offered perspective on the issue, noting that Whole Foods continued to sell NAC when Amazon removed NAC from their marketplace.